Treaty Making and the UN Declaration on the Rights of Indigenous Peoples: Lessons from Emerging Negotiations in Australia
International Journal of Human Rights, 2019, Forthcoming
29 Pages Posted: 31 Jan 2019
Date Written: January 21, 2019
No treaties between Aboriginal and Torres Strait Islander peoples and the Australian state have ever been recognised. In recent months however, several states and territories have committed to entering treaty negotiations with the First Nations whose lands they claim. Negotiations are in their preliminary stages and it remains to be seen what eventuates, but these developments are promising. Nonetheless, many challenges exist. In this paper, I explore the initial developments in Victoria, and assess whether and how the United Nations Declaration on the Rights of Indigenous People has influenced the debate thus far. This analysis reveals lessons for all Indigenous peoples seeking to enter treaty negotiations with states across the globe.
Keywords: treaty, UNDRIP, Indigenous peoples, Australia, Aboriginal and Torres Strait Islander people
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